Federal Tort Claims Act & Your Hawaii Medical Malpractice Claim

While pursuing a medical malpractice claim against a government hospital can be complicated, it is not impossible. If you have been injured at a government hospital, you have the right to recover damages if a federal employee’s negligence is to blame.

A Honolulu medical malpractice lawyer can evaluate your case to determine if you have a valid medical malpractice claim against the government. Additionally, a Honolulu medical malpractice lawyer can explain to you the special laws that apply when filing a claim against a government hospital.

Overview of the Federal Tort Claims Act

The Federal Tort Claims Act makes pursuing a medical malpractice claim against the government possible. While on one hand it serves to protect a government hospital, on the other hand it allows you the right to recover damages that resulted from a government employee’s negligence.

There are important factors that will play a part in how the FTCA will affect your medical malpractice claim against the government, including:

Negligence – you must be able to establish that a government hospital employee’s actions or lack of actions resulted in your injuries.

Employee – it must be proven that the person was a federal employee.

Employment – it must also be proven that the federal employee was acting within the scope of their employment.

After a serious medical malpractice incident in Hawaii, you should be able to spend your time focusing on your recovery; not dealing with insurance adjusters, never-ending paperwork and complicated legalese. Hawaii attorneys Davis Levin Livingston will fight for your rights while you focus on healing. Serving accident victims on Oahu, Maui, the Big Island, Kauai and beyond. Contact us today for a no-cost case evaluation – 866-806-4349.